Athey v. Bingham

SUMMERS, Justice.

This case affords an opportunity to examine the propriety of a jury instruction on “unavoidable accident.” Under the factual circumstances we find no error in the giving of the instruction.

The plaintiff, Sharon Athey, was driving her vehicle at a rate of speed similar to the surrounding traffic on Interstate-40 in the left-hand lane with her lights on. Snow and sleet were falling on the ice-covered road. Her car began sliding to the right into the adjoining traffic lane and as it returned back into the left-hand lane her car was struck from the rear by the defendant, Charles…